Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 6.00 - Regulation of Catches
Section 6.18 - Bluefish Limits
Universal Citation: 322 MA Code of Regs 322.6
Current through Register 1531, September 27, 2024
(1) Recreational Bag Limit. It shall be unlawful for any recreational fishermen:
(a) fishing from shore
or a private vessel to retain, land or possess more than three bluefish per
calendar day, and
(b) fishing from
a for-hire vessel during a for-hire trip to retain, land or possess more than
five bluefish per calendar day.
(2) Commercial Bluefish Limits.
a.
Minimum
Size. It shall be unlawful for a commercial fisherman to retain,
possess, or land a bluefish less than 16 inches in total length.
b.
Trip Limit. It
shall be unlawful for a commercial fisherman to retain, possess, or land more
than 5,000 pounds of bluefish, per calendar day or per trip, whichever period
of time is longer.
c.
Quota Closure. It shall be unlawful for a commercial
fisherman to retain, possess, or land bluefish once the Director has determined
100% of the bluefish quota has been reached. The quota closure will be enacted
and announced in accordance with the procedure set forth at
322 CMR
6.41(2)(c).
(3) Use of Gillnets for Taking Bluefish for Commercial Purposes.
(a)
Management
Areas. There is established the following management areas:
1. Northern Area shall be those territorial
waters of the Commonwealth north of a straight line extending from the east
entrance of the Cape Cod Canal through Race Point Light, Provincetown to the
marine boundary of the Commonwealth.
2. Southern Area shall be those territorial
waters of the Commonwealth south of straight line extending from the east
entrance of the Cape Cod Canal through Race Point Light, Provincetown to the
marine boundary of the Commonwealth, including all waters of Buzzards Bay,
Vineyard Sound, and Nantucket Sound.
(b)
Authorization.
The following permits and conditions shall apply in the following areas:
1. In the northern and southern areas a
regulated fishery permit shall be required to harvest, catch or take bluefish
by any net as a directed fishing effort. Directed fishing effort is defined as
any consecutive 30 day catch of which 50% or more is bluefish.
2. In the southern area a regulated fishery
permit shall be required to harvest, catch or take bluefish by means of a
gillnet in the southern area and shall be issued only to those individuals who
held a valid bluefish gillnet regulated fishery permit in 1982 as determined by
the licensing records of the Division.
3. Dealers may not purchase bluefish from
commercial fishermen without written authorization from the Director.
4. Commercial fishermen shipping bluefish to
dealers outside the Commonwealth shall be required to become authorized dealers
pursuant to 322 CMR 6.18(2)(b)3. 322 CMR 6.18(2)(b)4. shall not apply if the
out of state dealer is licensed and authorized to purchase bluefish in
Massachusetts.
(c)
Restrictions. The following restrictions on the use of
gillnets for the harvesting, catching or taking of bluefish in the southern
area shall apply:
1. the total length of any
net to be set by each permittee and/or vessel may not exceed 1500
feet.
2. all nets are to be
conspicuously marked with high flyers or floats at both ends;
3. each high flyer or float shall be
conspicuously and legibly marked at both ends with the regulated fishery permit
number of the individual operating the gear;
4. minimum mesh size of gillnets to be used
for taking bluefish may be no less than five inches stretched
measure;
5. nets are to be tended
by the individual permittee or his/her authorized agent at all times;
and
6. harvesting, catching or
taking or attempting to harvest, catch or take bluefish by means of a gillnet
is prohibited during the night time, defined as 1/2 after sunset to
1/2 hour before sunrise.
(d)
Closures.
1.
Permanent
Closure. The following area is closed to any fishing for bluefish
by means of a gillnet: all waters within an area bounded by an imaginary line
beginning at the westernmost tip of the southern entrance jetty at Pamet Harbor
to the Number 1 buoy on Billingsgate Shoal, thence southerly to the Number 1
gong off Sesuit Harbor, thence to the northernmost tip of the east entrance
jetty off Sesuit Harbor, thence along the shoreline of Dennis, Orleans,
Eastham, Wellfleet and Truro to the westernmost tip of the southern entrance
jetty at Pamet Harbor.
2.
Contingency Closures. If the Director determines that
gear conflicts are occurring or are likely to occur he may, as provided for in
322 CMR 6.18, close areas to gillnetting.
3.
Contingency Closure
Procedure. An area closure shall not be effective until:
a. it has been approved by a majority of the
members of the Marine Fisheries Advisory Commission;
b. a notice of closure has been filed with
the Massachusetts Register; and
c. a copy of the notice of closure has been
mailed to all gillnet regulated fishery permit holders.
(e)
Prohibitions. It is unlawful for any person to
harvest, catch or take or attempt to harvest, catch or take any bluefish by
means of a gillnet in the southern area;
1.
without a valid regulated fishery permit;
2. between 1/2 hour after sunset to
1/2 hour before sunrise;
3.
with greater than 1500 feet of net;
4. with any net which is unmarked by high
flyers or floats, or which has not been legibly marked with the regulated
fishery permit number;
5. with any
net which has a stretched mesh opening of less than five inches;
6. with any net that is left
unattended;
7. having failed to
file a timely and accurate catch report or having falsified a catch
report;
8. when the gillnet fishery
has been closed by a notice of closure; or
9. when an area has been closed by the
Director pursuant to 322 CMR 6.18(3)(d).
(4) Penalties. Violation of 322 CMR 6.18 shall be governed by the provisions of M.G.L. c. 130, §§ 2 and 80.
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